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Facts
The assessee filed an appeal against the final assessment order for AY 2014-15. The assessee opted for the Vivad Se Vishwas Scheme-2024 to settle its tax dispute and filed an application for withdrawal of the appeal.
Held
The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and wished to withdraw the appeal. The appeal was dismissed as withdrawn, with liberty to seek restoration if the scheme application did not materialize.
Key Issues
Whether the appeal can be dismissed as withdrawn upon the assessee opting for the Vivad Se Vishwas Scheme.
Sections Cited
143(3), 254, 144C(13)
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Income Tax Appellate Tribunal, ‘I’ BENCH
आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against final assessment order passed u/s.143(3) r.w.s. 254 AND 144C(13) for the A.Y.2014-15 passed in pursuance of directions given by the DRP vide order dated 02/12/2020.
AGFA Healthcare NV 2. In the aforesaid appeal, ld. Counsel for the assessee has submitted that assessee has opted for settlement of its tax dispute under the ‘Vivad Se Vishwas Scheme-2024’ and has also filed application vide letter dated 11/02/2025 before the authorities. For the sake of ready reference, the letter is reproduced hereunder:-
“We refer to captioned appeal filed by the appellant against order dated 3 June 2021 passed under section 143(3) read with sections 254 and 144C(13) of the Income-tax Act, 1961 for assessment year 2014-15 In this regard, the appellant has decided to avail the benefit of settling the appeal under "The Direct Tax Vivad se Vishwas Scheme, 2024" The appellant has filed declaration in Form 1 on 30 December 2024 (copy enclosed as Annexure 1). The designated authority has also furnished certificate in Form 2 (copy enclosed as Annexure 2) as per the provisions of "The Direct Tax Vivad se Vishwas Scheme, 2024" In view of the above, the appellant wishes to withdraw the captioned appeal. It is submitted that the appeal is withdrawn to reduce the litigation and costs associated therewith. The withdrawal of the appeal shall not in any way be construed as acceptance of the additions on the issues made by the Assessing Officer and shall not have precedence value and therefore, we reserve the right to contest the same issue if raised in any other assessment year Please note that the appellant does not have a managing director and hence, the letter is signed by director of the appellant. We request you to take the above on record and pass an order confirming the withdrawal of the appeal, at the earliest.”
AGFA Healthcare NV 3. Accordingly, appeal of the assessee is dismissed as withdrawn, however, liberty is given to the assessee in case the application for VSVS does not materialize and is not accepted, assessee may file an application for restoration of the appeal. Accordingly, appeal of the assessee is dismissed in limine.
In the result, appeal of the assessee is dismissed.
Order pronounced on 18th February, 2025.